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NBC Has No Powers To Fine Broadcast Stations, Court Rules

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An Abuja Federal High Court has barred the National Broadcasting Commission from imposing fines on Nigerian broadcast stations.

Presiding Judge James Omotosho, in a Wednesday ruling, said the NBC lacked the judicial powers to impose penalties.

Omotosho gave an order of perpetual injunction restraining the NBC from imposing fines, henceforth, on broadcast stations in the country.

He also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.

Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.

He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.

He said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.

“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.

The News Agency of Nigeria reports that the NBC had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.

However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.

In the motion dated Nov. 9, 2021 by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.

The lawyer also said that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”

They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.

They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

Delivering the judgment, Justice Omotosho described the NBC’s act as being ultra vires.

He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.

The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country.

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Raymond Dokpesi, Owner Of AIT, Raypower FM, Dies At 71

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Nigerian Media Mogul, Chairman of Daar Communication, owners of African Independent Television and Raypower FM, High Chief Raymond Dokpesi, has been reported dead, aged 71.

DAILY POST reports that this is contained in a statement by his son Raymond Dokpesi, Jnr.

The statement confirmed that the late media icon died on Monday.

The family did not disclose the reason for his death.

Dokpesi, who was a chieftain of the Peoples Democratic People, PDP, was born on October 25th 1951 and hailed from Edo state, Nigeria.

“It is with deep sadness and heavy hearts that we announce the passing of High Chief Raymond Aleogho Anthony Dokpesi (Ezomo of Weppa-Wanno Kingdom), who passed away on May 29th, 2023. High Chief Dokpesi was a beloved husband, father, grandfather, and friend to many.

“He will be deeply missed by all who knew him. High Chief Dokpesi was also a respected and accomplished businessman, a pioneer in the media industry, and a philanthropist who dedicated his life to the service of his country and his community.

“His legacy will live on through the impact he made on the lives of many. The Dokpesi family is grateful for the outpouring of love and support during this difficult time.

“We ask that you keep us in your thoughts and prayers as we mourn the loss of our patriarch. We also ask for privacy during this time as we grieve together as a family. The family will release further details on the funeral arrangements in due course. May his soul rest in peace”, the statement contained.

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Buhari Prefers Animals To Nigerians, Says ‘My Cows, Sheep Much Easier To Control’ Than Compatriots

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Outgoing President Muhammadu Buhari has slammed Nigerians, stating he prefers to be with animals on his farm because they are “much easier to control” than his compatriots.

“I am looking forward to tomorrow (Monday) to fly to my base and go back to my cows and sheep, which are much easier to control than fellow Nigerians,” said Mr Buhari.

Mr Buhari spoke at a gala and dinner held on Sunday in Abuja.

He also claimed that the 2023 elections gave power back to the Nigerian electorate.

While praising the outcome of the elections, Mr Buhari congratulated Nigerians for realising they have power in their votes and that their votes count.

Presidents of South Africa, Sierra Leone and Ghana attended the event. 

He added, “Your Excellencies, heads of state and government, and their representatives, I thank you very much, and I say goodbye to you and wish us the best of luck.”

Mr Buhari, in March, told U.S. ambassador Mary Beth Leonard that he was eager to return to his animals in Daura.

Mr Buhari also told the American diplomat that he could not wait to stop being Nigerian president and get back to his farm where his animals awaited him.

“I plan to be a big landlord back at home, working on my farms and tending to more than 300 animals. I am eager to go,” Mr Buhari told Ms Leonard.

In January 2022, the former military dictator complained about ruling Nigeria.

Peoples Gazette

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Nigerian Air: Airlines Berate Sirika, Groups Demand EFCC Probe

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Domestic Airlines under the aegis of the Air Operators of Nigeria have berated the Minister of Aviation, Hadi Sirika, for allegedly putting pressure on the Nigerian Civil Aviation Authority to issue an Air Operators Certificate to Nigeria Air without following due process.

The carriers also accused the former minister of unilaterally plotting to establish Nigeria Air without involving the panel meant to work on the project.

The local carriers made this known in a statement issued by its spokesperson, Prof Obiora Okonkwo, on Sunday.

The statement said, “As indigenous operators, we are happy and grateful to the NCAA for saving us from this punishment by resisting the pressure from Minister Hadi Sirika to grant an AOC to Nigeria Air without going through the due process.”

The association further said the project had been allegedly shrouded in secrecy since the Ministerial Committee on the Establishment of a National Carrier recommended that the national carrier be private sector-driven with minimal government involvement.

It added, “On further investigation, we discovered some mind burgling dangerous agenda to kill the entire indigenous operators and handover monopoly to Ethiopian Airlines in a dubious and fraudulent way against the economic interest of Nigeria, hence our court action supported by strong material evidence. For us, it is a patriotic action to save the Nigerian Government, people and economy from exploitation and to also protect the Nigerian aviation sector and our investments.”

Meanwhile, a Nigeria-based anti-corruption group, SecureWorld and Liberty Initiative for Peace has asked the Economic and Financial Crimes Commission to arrest and probe Sirika for allegedly using the establishment of the national carrier economic malfeasance.

The petition, which was addressed to the EFCC Chairman, Abdulrasheed Bawa, was signed by the Executive Director of SELIP, Mark Adebayo.

The letter read in part, “We are compelled to bring to your attention that the aircraft purportedly unveiled on Friday, May 26, 2023, by Minister Hadi Sirika, as the first flight of the national carrier, Nigeria Air, is still in active service of Ethiopia Airlines.

“We can confirm that the aircraft, a Boeing 737-800  with the registration number  ET-APL,  has since left the country this weekend for Turkey according to a check on the flight radar; it only transited Nigeria for the farce of a show put up by the minister.

“The flight landing in the country with Ethiopia Airlines’ registration number means Nigeria Air has no  Air Operator Certificate. No aircraft can be registered in Nigeria without the carrier having an AOC which means that the aircraft does not belong to Nigeria Air either as leased or owned equipment. So, Sirika should not be allowed to fool Nigerians,” the group said in the petition.”

The group urged the anti-graft agency to make Sirika account for the sum of N15.9bn that has been committed so far to the project by the Federal Government, alleging that the desperation by the minister was geared towards covering up the misappropriation of funds and monumental fraud.

Meanwhile, finding showed that the aircraft that was purportedly unveiled on Friday in Abuja flew back to Addis Ababa, Ethiopia on Saturday evening.

As of Saturday evening, the flight tracker showed the aircraft was en-route Addis Ababa, approaching from the Central African Republic.

However, on Sunday morning, the flight tracker showed the plane had landed in Ethiopia.

Efforts to reach the Managing Director of Nigeria Air, Capt Dapo Olumide, and the Head Press, Public Relations Ministry of Aviation, Oluseyi Odutayo, proved abortive.

Responses to messages sent to their telephone lines were still being expected as of press time on Sunday.

Punch

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